This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be […]
Resuming jury trials during COVID-19, time limits for police seized evidence, and a Sidney cannabis licence in court
/in Legal News /by mtp_adminJury trials have proven to be the most challenging parts of the justice system in the age of COVID-19. The Court of Appeal has been conducting appeals using Zoom. The Provincial Court has been conducting sentencing and judicial release hearings by telephone conference. Both the Provincial Court, and the Supreme Court, have been utilizing […]
Legal Requirements for Arrests, & AG Consent for Prosecuting on an International Flight
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: When are the police permitted to arrest or detain someone? In the context of discussions concerning unbiased policing and identification checks, various common circumstances that do permit a police officer to arrest or detain someone are discussed: 1) If they have reasonable grounds to believe […]
Children allowed to ride the bus alone, an aboriginal man sentenced to 12 months for marijuana and an ICBC COVID-19 backlog
/in COVID-19, Drugs, Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The British Columbia Court of Appeal finds that the Director of Child, Family and Community Services acted unreasonably, and without authority, in telling a single father that children under 10 years of age could not ride the public bus without supervision. The children that were riding […]
Uber Arbitration Clause Ruled Unconscionable & Price Fixing Conspiracy – Legally Speaking
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be […]
BC Overdose Deaths Double During COVID & New Legislation to Detain Youth
/in COVID-19, Drugs, ICBC, Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: From March to May 2020, the number of people who have died as a result of drug overdoses in British Columbia has been more than double the number of people who have died from COVID-19: 401 vs 164. January COVID-19 deaths: 0 Overdose deaths: 77 February […]
SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In a recent decision the Supreme Court of Canada has affirmed that when someone is arrested and charged with an offence, the presumption is that they should be released without the imposition of any conditions. Any conditions of release that are imposed must be clearly articulated, […]
Conservation Officer Improperly Fired & Legal Protections for Police
/in Legal News /by mtp_adminLegally Speaking Episode Summary: June 11, 2020 In 2015 a BC conservation officer was dismissed from his position for refusing to kill two bear cubs. Initially, the conservation officer didn’t have the assistance of a lawyer and the issue of his dismissal was dealt with by a union representative and the Labour Relations Board. […]
Entrapment by phone, posse comitatus and the US Army, Canadian mayors and riots, and inoperable cell phone convictions
/in Legal News /by mtp_adminCan you be entrapped by phone? The Supreme Court of Canada has confirmed that you can. One of the ways that entrapment can occur is if the police engage in random virtue testing: presenting an opportunity to commit a crime without a reasonable suspicion that the person being tested is already committing the crime, […]
Huawei Executive Extradition & Google Reviewer Reveal
/in Legal News /by mtp_adminIn Canada, the decision about whether or not to extradite someone to another country to face criminal charges has both a legal and political aspect. The courts decide if the legal requirements for extradition have been met. If they have, it is then up to the Minister of Justice to determine if the person should […]
COVID-10 and bail, the Criminal Defence Advocacy Society calls for courts to reopen, and a jury trial by Zoom in Texas
/in Legal News /by mtp_adminCOVID-19 is a consideration when deciding if someone should remain in jail while waiting for their trial. In one federal penitentiary, located in Mission BC, 133 inmates and staff contracted the coronavirus. As a judge recently pointed out, however, the risk of COVID-19 is not a “get out of jail free card.” The overriding […]